Dave Kopel Second Amendment Newsletter, September 15, 2008

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Law review articles and monographs

The Natural Right of Self-Defense: Heller's Lesson for the World

From a forthcoming symposium issue on Heller. Abstract: "The U.S. Supreme
Court's decision in District of Columbia v. Heller constitutionalized
the right of self-defense, and described self-defense as a natural, inherent
right. Analysis of natural law in Heller shows why Justice Stevens'
dissent is clearly incorrect, and illuminates a crucial weakness in Justice
Breyer's dissent. The constitutional recognition of the natural law right of
self-defense has important implications for American law, and for foreign and
international law."

Pacifist-Aggressives vs. the Second Amendment: An Analysis of Modern
Philosophies of Compulsory Non-violence.

Christian Pacifism Before Constantine

This paper presents evidence of diversity on early orthodox Christian belief
and practice on the issue of pacifism. The claims of some modern writers that
pre-Constantinian orthodox Christians were almost all pacifist are not correct.
In fact, some but not all of the early Patristic writers were pacifists. A
significant number of Christians, including saints, served in the Roman army.
The paper discusses Justin Martyr, Marcion, Irenaeus, Athenagoras, Clement of
Alexandria, Tertullian, Hippolytus, Julius Africanus, Origen, Cyprian, Arnobius,
and Lactantius, and also examines other sources of information about the early
church.

Text and Twitter Your Way to Victory

"Barack Obama’s Democratic nomination triumph reprises one of the oldest
stories in American politics: that victory so often goes to the candidates who
best understand and exploit novel mediums of communication."

Interfaith Speakers Raise Questions

"One of the speakers was Sister Helen Prejean, a Catholic who is one of
America's leading crusaders against the death penalty... Also speaking at the
prayer session was Ingrid Mattson, President of the Islamic Society of North
America (ISNA)."

The bogus Sarah Palin Banned Books List

"Take a look at the list below and you’ll find books Gov. Palin supposedly
tried to ban. . . that hadn’t even been published yet. Example: The
Harry Potter books, the first of which wasn’t published until 1998."

Barack Obama

125 Shot Dead In Chicago Over Summer: Total Is About Double The U.S. Troop
Death Toll In Iraq

"An estimated 125 people were shot and killed over the summer. That's nearly
double the number of U.S.A. soldiers killed in Iraq over the same time period."
As a state senator, Obama fought hard to prevent the weakening of Chicago's
dysfunctionial gun laws.

Obama's Aim

"In 2007, Senator Barack Obama stood up for a gun owner. He endorsed Chicago
Alderman Dorothy Tillman in her Democratic primary. Not only was she a gun
owner, but she had even pulled a gun on her colleagues during a contentious 1991
ward redistricting hearing. . ."

Kilpatrick to city: ‘There’s another day for me’

"In a courtroom this morning, Kilpatrick pleaded guilty to two felony counts
of obstructing justice by committing perjury." Kilpatrick has been a prominent
supporter of Barack Obama's candidacy, and a member of New York City mayor
Bloomberg's Mayors Against Illegal Guns coalition.

Congressman Hinchey Accused of Swatting NRA Rep

"Rep. Maurice Hinchey, D-Hurley, is due in town court Sept. 9 to face a
second-degree harassment charge after he allegedly swatted an NRA representative
on the head at the Rosendale Street Fair in July." Rep. Hinchey has a 'C' rating
from the NRA's 'Vote Smart' program evaluating members of Congress on 2nd
Amendment issues. He was one of the superdelegates pledged to nominate Barack
Obama at the recent DNC convention.

GunBaNObama

NRA’s Political Victory Fund has established this web page, which contains
data to illustrate the gulf between Barack Obama's claims of support for
civilian ownership of firearms and his recent statements and actions.

18 Million Silenced in Denver

"Regarding the [Democratic Party convention] roll call vote. I've spoken to
many delegates in many states. It appears that the delegates who were pressured
the most were in the Swing States. Anyone who had any sort of job in politics or
the DNC were pressured the most to switch. Many Governors demanded that their
delegates switch because they would not get any money for their state races if
they did not. It boils down to the fact that the Obama campaign had power over
the State Party Chairs. These State Party Chairs get the money for all of their
candidates. If they did not switch they were threatened."

Joe Biden

Senator Obama's Choice, Joe Biden, a Good One for Gun Violence Reduction

"The Brady Campaign to Prevent Gun Violence praised Senator Barack Obama's
choice for his vice presidential running mate, Senator Joe Biden. 'Joe Biden is
a straight talker about the need for common sense laws to keep dangerous people
from getting dangerous weapons,' said Paul Helmke, President of the Brady
Campaign to Prevent Gun Violence."

China

Study says China Top Violator of Sudan Embargo

"China has been the 'most egregious violator' of a worldwide arms embargo,
providing Sudan with the vast majority of its small arms and weapons used for
mass murder in Darfur province, a private study group is charging."

Uganda

Why Has Karamoja Failed to Disarm?

"Despite the Government's efforts to disarm the Karimojong, recent reports
indicate that the region has more firearms than anticipated. The Government has
so far recovered 25,000 guns but a recent report by Small Arms Survey, a
regional body that researches on armed pastoral areas, indicates that Karamoja
has more than 150,000 guns."

United Nations/IANSA

Treaty Conference Seeks to Regulate Global Arms Trade

"Ministers and civil society leaders from 18 African countries, U.N.
disarmament officials, and arms-control advocates are meeting in the Kenyan
capital Nairobi to try to form a united position on a proposed treaty to
regulate the global arms trade."

Ban welcomes new UN centre pushing for disarmament in Asia-Pacific

"Secretary-General Ban Ki-moon today welcomed the launch of a new United
Nations facility promoting disarmament and non-proliferation in the Asia-Pacific
region. The UN Regional Centre for Peace and Disarmament in Asia and the
Pacific, based in Kathmandu, Nepal, will focus on nuclear proliferation, illicit
trafficking of small arms and light weapons, landmines and explosive remnants of
war, terrorism and organized crime, and armed conflicts."

Safe Schools

Colleges Confront Shootings with Survival Training

"Hundreds of colleges across the nation have purchased a training program
that teaches professors and students not to take campus threats lying down but
to fight back with any 'improvised weapon,' from a backpack to a laptop
computer."

Small Texas School District Lets Teachers, Staff Pack Pistols

"Superintendent David Thweatt said a main concern was that the small
community is a 30-minute drive from the sheriff’s office, leaving students and
teachers without protection." Here is a different perspective from that of the
Times.

Regents Shoot Down Gun Proposal

"Regent Stephen Ludwig, a Democrat from Aurora, was the first to respond to
Mote’s presentation: 'If you seek to change the policy of this board, I would
strongly suggest you find some rhetoric that is based on sound logic rather than
inflammatory statements. I’d be hard-pressed to ever support conceal and
carry.' "

Culture

National Rifle Association Has Big Boost in Popularity

A poll by the Rasmussen Report found that the NRA's overall popularity rating
increased after the Heller ruling, but that the organization's
endorsement was slightly more likely to hurt John McCain's candidacy among
respondents than to influence them to vote for McCain.

NRA Insights: News for Young Shooters

"The National Rifle Association announces the official launch of
NRAInSights.org, a comprehensive interactive website designed for NRA Junior
members and their peers, created and maintained by NRA Publications, contains
classic website essentials-games, videos and forums-as well as information
making the site useful for educational purposes."

Survey: Alabama Gung-ho for Guns

"Sixty-six percent of respondents said they own a gun and 46 percent have a
permit to carry a concealed weapon. The telephone survey of 424 Alabama
residents was conducted Monday through Thursday, with a 5-percentage-point
margin of error."

State and Local

Illinois

Chicago Suburb Drops Ban On Private Possession Of Handguns

"This week, the Village of Morton Grove, Illinois agreed to a stipulated
dismissal of a NRA lawsuit challenging the village's gun ban. A new town
ordinance recognizes the right to private handgun ownership, bringing an end to
NRA's lawsuit against the village. Morton Grove completely dismissed its
ordinance banning handguns and agreed not to replace it with any direct
regulation other than to adopt existing state laws." The removal of Morton
Grove's ban on the ownership of handguns has been much less heralded than was
its imposition.

Wilmette Latest Illinois City To Scrap Gun Ban In Wake Of Heller
Decision

"Wilmette officials have reportedly said the ban would probably not withstand
legal challenges. A story on today's Chicagotribune.com noted that, unlike the
other suburbs, Wilmette officials say they believe NRA didn't file suit against
them because the village stopped enforcing the ban right after the Supreme Court
ruling. The article also reported that Wilmette trustee Lali Watt says she
doesn't believe her town has the necessary resources to fight NRA and keep the
ban.

Maryland

City OKs Gun Theft Reporting

"Gun owners in Baltimore whose firearms are stolen would be required to
report the theft to police under legislation approved by the City Council
yesterday -- despite questions about whether the proposal is legal."

Massachusetts

Massachusetts Police searching author Peter Manso's home in response to a
burglar alarm discovered firearms in violation of the Bay State's numerous gun
laws. Manso did not realize that his lifetime gun permit was no longer valid,
because the legislature had retroactively changed the law. Manso, who was not at
home, faces up to a ten year prison sentence.

North Carolina

Gov. Easley signs 16 Bills into Law: One Measure Denies Weapons to People
Involuntarily Committed for Mental Health Help

One of The First Post-Heller Second Amendment Opinions

Wyoming Loses Gun Case in Federal Court

Ben NearyThe Associated Press
August 27, 2008

Wyoming's efforts to restore the right to concealed carry to citizens
convicted of misdemeanor domestic violence failed in a Denver court, which ruled
that the state's effort to expunge such convictions from the NICS database was
invalid.

"Defendant, a reservist, has two handguns (one a semiauto, one a registered
full auto) and two shoulder stocks that would fit either. The shoulder stocks
double as holsters, and he has one handgun in each when ATF raids him (on other
grounds, which turn out to be a legal mistake). Government argument is that the
semiauto plus the stock in which it was holstered equal an unregistered
short-barreled rifle. The District Court says no -- using the Thompson Arms
test, the two stocks had a purpose other than an illicit one, namely being
fitted legally to the full auto."

Hinckley Furlough Bid Rejected

"A federal judge has rejected presidential assailant John Hinckley's request
for additional time away from the Washington, D.C. psychiatric hospital where he
has been confined for the past 25 years." The web article also contains the text
of the ruling.

Research and Scholarship

The Founders' View of the Right to Bear Arms: A Definitive History of the
Second Amendment

Second Amendment Plumbing After Heller: Of Standards of Scrutiny,
Incorporation, Well-Regulated Militias and Criminal Street Gangs

Rosenthal, a professor at the Chapman University Law school, here argues
against the Heller decision's applicability under the concept of the
2nd Amendment's incorporation into state and local laws under the 14th
Amendment.

Heller and Second Amendment Precedent

"This brief essay analyzes Heller's treatment of Miller. The
interpretations of the Second Amendment in the two cases are irreconcilable.
There was no legal need for the Heller Court to treat Miller
as a binding precedent, and no legal excuse for pretending that Miller's
holding was consistent with the interpretation of the Constitution that
Heller rightly adopted. The treatment of Miller appears to be part
of a larger political strategy in which the Court displayed a calculated
faint-heartedness toward the original meaning of the Second Amendment." Lund is
a professor at the Law School of George Mason University.

Anticipating the Second Amendment Incorporation: The Role of the
Inferior Courts

"Nelson Lund, Anticipating the Second Amendment Incorporation: The Role
of the Inferior Courts, argues that the 2nd Amendment should be
incorporated into the 14th, and applied to the States, and that lower courts
should not rely upon anti-incorporation case law and upon 'it's up to the
Supremes to change things.' "

Heller's Future in the Lower Courts

"The repudiation of this extensive body of case law suggests that the real
test of Heller will occur once the lower courts, traditionally hostile
to an individual rights interpretation of the Second Amendment, face the
inevitable follow-up cases challenging other restrictive gun laws." The PDF
version of the article is here:
http://tinyurl.com/5use2z

The Wages of Originalist Sin: District of Columbia v. Heller

"This essay analyzes and critiques District of Columbia v. Heller,
in which the Supreme Court ruled by a 5-4 vote that the Second Amendment of the
Constitution protects an individual right to possess a firearm unconnected with
service in a militia and to use that firearm for self-defense within the home.
Justice Scalia's majority opinion in Heller strictly adheres to his
belief that the Constitution should be interpreted by ascertaining its original
meaning at the time it was adopted. Scalia believes that the Constitution has a
static meaning and that changes in the world around us are of no relevance to
constitutional interpretation. His exposition of the Second Amendment in
Heller is bad history -- simplistic analysis that ignores the complexities
of historical research. And his refusal to examine any policy considerations
regarding the Second Amendment renders its application a desultory matter,
haphazard in function and cabined by outmoded notions."

Two Essays on District of Columbia v. Heller

Tushnet, a Harvard Law professor, has two essays soon to appear:(1)
Heller and the New Originalism forthcoming in the Ohio State Law Journal
and (2) Heller and the Perils of Compromise forthcoming in the Lewis &
Clark Law Review.

IMPD Tries Out DNA Swabs on Guns

Vic RyckaertThe Indianapolis (IN) Star
August 27, 2008

"Indianapolis metropolitan police will be testing a new tool that will allow
officers to gather DNA from handguns at a crime scene. During the next six
months, officers will be using the Trigger ID device to swab guns before they
are moved, enhancing the chances for recovering DNA evidence, according to a
statement released by IMPD Lt. Jeff Duhamell."

This newsletter is compiled with help from Dr. Rob S. Rice. For more on this
cabined, yet omphalosceptic individual, see here:
http://ccat.sas.upenn.edu/rrice/rrice_hd.html. Dr. Rice's second published
novel shall soon appear on Amazon.com, as a means of plumbing the lowest reaches
of Amazon's sales ranking. You can learn much of that by probing here:
http://tinyurl.com/5u75c5

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